Whiteman v. A. T. & S. F. Railway Co.
Missouri Court of Appeals
Appeal from Carroll Circuit Court. — Hon. Francis H. Trimble, Judge. (1) In this action plaintiff could not recover for injuries or damages to his buggy and harness. B. S. 1909, sec. 3145; Huss v. Bailroad, 84 Mo. 111. . (2) Plaintiff was not entitled to recover double damages for injuries to his buggy. B. S. 1909, sec. 3145; Huss v. Bailroad, 84 Mo. 111. (3) Plaintiff was not entitled to recover for any injuries to his horse. There is no proof of an actual collision.
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Appeal from Carroll Circuit Court. — Hon. Francis H. Trimble, Judge. (1) In this action plaintiff could not recover for injuries or damages to his buggy and harness. B. S. 1909, sec. 3145; Huss v. Bailroad, 84 Mo. 111. . (2) Plaintiff was not entitled to recover double damages for injuries to his buggy. B. S. 1909, sec. 3145; Huss v. Bailroad, 84 Mo. 111. (3) Plaintiff was not entitled to recover for any injuries to his horse. There is no proof of an actual collision. Lafferty v. Bailroad, 44 Mo. 291; Poster v. Bailroad, 90 Mo. 116; Seibert v. Bailroad, 72 Mo. 565; Hesse v. Bailroad, 36 Mo.…
1Opinion of the CourtJohnson, J.
This is an action to recover double damages under section 3145, Bevised Statutes 1909'. A jury was waived and the court, after hearing the evidence, decided the issues in favor of plaintiff, assessed his damages at sixty dollars and rendered judgment for $120: Defendant appealed.
The injury in question occurred in the night of September 9, 1910, at a place on defendant’s railroad in Carroll county where the statute required the railroad to be fenced. The course of the railroad is from north of east to south of west and the right of way is 132 feet wide. The track in operation was fifty feet…
2Cases cited4 opinions
- Gilpin v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1906
- Silver v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1883
- Bridges v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1908
- Creson v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1910
3Cited by1 opinion
- White v. Sligo & Eastern RailroadMissouri Court of Appeals · 1914